Common use of Securities Law Disclosure; Publicity Clause in Contracts

Securities Law Disclosure; Publicity. The Company shall, at or prior to 8:30 a.m., Eastern Time, on the first day following the date of this Agreement on which trading occurs on the NASDAQ Stock Market, (i) issue a press release reasonably acceptable to the Investor disclosing the transactions contemplated hereby. No later than the fourth Business Day after the signing of this Agreement, the Company shall file a Current Report on Form 8-K with the SEC (the “8-K Filing”) describing the transactions contemplated hereby, in the form required by the Exchange Act. The Company shall file this Agreement as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2007 or if it so chooses, as an exhibit to the 8-K Filing. Thereafter, the Company shall timely file any filings and notices required by the SEC or the NASD with respect to the transactions contemplated hereby. Notwithstanding the foregoing, the Company shall not name the Investor in any press release in any statement made with the intent of widespread pubic dissemination without prior notice to the Investor, except to the extent such press release or disclosure is required by law, SEC regulations or forms, NASD regulations or as set forth in the form of press release attached here to as Exhibit H, in which case the Company shall provide the Investor with prior notice of such disclosure. In furtherance of the foregoing, but not in limitation thereof, the parties acknowledge and agree that the Company shall be able to name the Investor in any private conference or presentation and to respond to questions (even in public conferences or presentation) regarding the Investor, based on information already in the public domain.

Securities Law Disclosure; Publicity. The Company shall, (a) at or prior to 8:30 a.m., Eastern Standard Time, on the first day following the date of this Agreement Closing Date on which trading occurs on the NASDAQ Stock MarketNasdaq SmallCap Market (a "trading day"), (i) issue a press release reasonably acceptable to the Investor Purchasers, disclosing the transactions contemplated hereby. No later than , and (b) on or before the fourth Business Day after second trading day following the signing of this Agreement, the Company shall Closing file a Current Report on Form 8-K with the SEC (the “"8-K Filing”") describing the transactions contemplated herebyhereby and including this Agreement and the form of Warrant as exhibits thereto, in the form required by the Exchange Act. The Company shall file this Agreement as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2007 or if it so chooses, as an exhibit to the 8-K Filing. Thereafter, the Company shall timely file any filings and notices required by the SEC or the NASD with respect to the transactions contemplated hereby. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the Investor name of any Purchaser in any press release in any statement made filing with the intent of widespread pubic dissemination without prior notice SEC (other than pursuant to the InvestorRegistration Statement and exhibits to the 8-K Filing and other periodic filings made by the Company under the Exchange Act) or the NASD (other than pursuant to an application for the listing of the Shares on the Nasdaq SmallCap Market), without the prior written consent of such Purchaser, except to the extent such press release or disclosure is required by law, SEC regulations law or forms, NASD regulations or as set forth in the form of press release attached here to as Exhibit Hregulations, in which case the Company shall provide the Investor Purchasers with prior notice of such disclosure. In furtherance of the foregoing, but not in limitation thereof, the parties acknowledge and agree that the Company shall be able to name the Investor in any private conference or presentation and to respond to questions (even in public conferences or presentation) regarding the Investor, based on information already in the public domain.